06 Jun 2017

Is it Time for Attorneys to Adopt Evergreen Retainers?

by Deb Tesser, VP of Strategic Planning at Zola Media Does your firm sometimes struggle to get payments in the door? Have you considered evergreen retainers? What is an evergreen retainer? An evergreen retainer is a type of security retainer. Just like other types of retainers, your client pays you a sum up front and you are able to use this money to pay your fees and expenses. The difference is with an an evergreen retainer, your client needs to... Read more...

04 May 2017

File Sharing Service Causes Waiver of Attorney Client Privilege – Harleysville Insurance Company

It seems innocent enough. Your attorney shares a few files by sending a link from their unprotected cloud storage account. They expect that you’ll only see the files that they intended to send. But there are huge risks to this approach. This behavior can result in the waiver of attorney client privilege. In a recent case in Virginia, a judge ruled that Harleysville Insurance Company had waived its right to attorney client privilege when it made... Read more...

01 May 2017

EU’s GDPR: Bigger than Macron or Le Pen

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The biggest unifying force in Europe may be cybersecurity regulation. Despite Brexit and the wavering EU support in France, all 28 EU member states are implementing the General Data Protection Regulation (GDPR) which goes into effect in May, 2018.  GDPR will standardize cybersecurity across all 28 member states, including the UK, Brexit or not. GDPR aims to protect the rights and data of any EU citizen or resident by requiring those companies who... Read more...

20 Apr 2017

United Airlines and David Beckham — When Emails Leak

What do United Airlines and footballer David Beckham have in common? Disastrous leaked emails. In these recent cases, the leaked emails appear to be legitimate, though Beckham claims some of the leaked emails were “doctored.” But how do we know that leaked email messages discussed in news stories and tabloid columns are actually authentic?   United Airlines’ PR Nightmare   United Airlines’ CEO Oscar Munoz appears to have dug himself... Read more...

13 Apr 2017

Data Privacy Compliance Audits Target Small Businesses

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As consumer awareness of data privacy issues increases, companies that don’t take their clients’ data privacy seriously are getting hit harder and harder. In healthcare, a Florida healthcare provider paid a $5.5 million fine (a HIPAA record) earlier this year for allowing more than 115,000 patient records to be improperly accessed and disclosed. Last year, Ashley Madison paid almost $1.6 million to settle charges related to Federal Trade Commission... Read more...

06 Apr 2017

AT&T and Comcast hit the Motherlode with Internet Privacy Repeal

This week, the President approved a measure that removes internet privacy restrictions for Internet Service Providers (ISPs) who connect millions of consumers and businesses to the Internet through wireline and wireless connections. Privacy advocates and late-night talk show hosts have voiced their outrage over this “internet privacy repeal”. But what is actually at stake? What do ISPs know about their users? ISPs like AT&T, Comcast and Verizon,... Read more...

11 Nov 2016

Are Bitcoin and Blockchain Hot or Hype?

In today’s financial circles, there is quite a bit of buzz around “blockchain” technology and its myriad of possible future applications. Is blockchain here to stay or is it just hype? Bitcoin, a crypto-currency built on “blockchain” technology, gained its following among the niche techie crowd that was interested primarily in transacting across border anonymously. With Bitcoin, the hype cycle began in late 2013, with marketplace technology... Read more...

02 Jun 2016

Are E-Signatures Legal?

People use e-signatures every day without even realizing they’re “e-signing” — signing on an electronic signature pad at grocery store check-out, replying to an email with a typed confirmation of terms, or putting in a PIN code for a debit card transaction, for example. Most people have no doubts about the legality of these everyday “e-sign” transactions. Yet, according to a member poll of the International Association of Commercial... Read more...

09 May 2016

ABA Model Rule Supports Email Encryption

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Lawyers have always had a duty to be competent in technology, but the ABA Model Rule put this duty in writing, impacting cybersecurity practices. Twenty states have followed the ABA’s lead and adopted a duty of technological competence, all but requiring encryption. In 2012, the American Bar Association approved a number of changes to the Model Rules of Professional Conduct. Of particular interest is the comment to Model Rule 1.1: To maintain the... Read more...

07 Apr 2016

Does the New Era of Mega-Leaks Obsolete Attorney-Client Privilege?

On Sunday, more than a hundred media outlets around the world, coordinated by the Washington, DC-based International Consortium of Investigative Journalists (“ICIJ”), released stories on the “Panama Papers”, which is an exposé of private client and internal work product emails and other files.  More than 5 million emails and files were stolen from within the IT systems of the exclusive Panamanian law firm Mossack Fonseca.... Read more...